BILL REQ. #: S-1433.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/16/11.
AN ACT Relating to the unlawful dumping of solid waste; and amending RCW 70.95.240.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 70.95.240 and 2001 c 139 s 2 are each amended to read
as follows:
(1) After the adoption of regulations or ordinances by any county,
city, or jurisdictional board of health providing for the issuance of
permits as provided in RCW 70.95.160, it shall be unlawful for any
person to dump or deposit or permit the dumping or depositing of any
solid waste onto or under the surface of the ground or into the waters
of this state except at a solid waste disposal site for which there is
a valid permit. This section does not:
(a) Prohibit a person from dumping or depositing solid waste
resulting from his or her own activities onto or under the surface of
ground owned or leased by him or her when such action does not violate
statutes or ordinances, or create a nuisance;
(b) Apply to a person using a waste-derived soil amendment that has
been approved by the department under RCW 70.95.205; or
(c) Apply to the application of commercial fertilizer that has been
registered with the department of agriculture as provided in RCW
15.54.325, and that is applied in accordance with the standards
established in RCW 15.54.800(3).
(2) When enforcing this section, the enforcing authority shall make
every effort to determine and identify the person responsible for
illegally dumping solid waste before requiring the owner or lessee of
the property where illegal dumping has occurred to clean up the site.
(3)(a) It is a class 3 civil infraction as defined in RCW 7.80.120
for a person to litter in an amount less than or equal to one cubic
foot.
(b) It is a misdemeanor for a person to litter in an amount greater
than one cubic foot but less than one cubic yard. The person shall
also pay a litter cleanup restitution payment equal to twice the actual
cost of cleanup, or fifty dollars per cubic foot of litter, whichever
is greater. The court shall distribute one-half of the restitution
payment to the landowner and one-half of the restitution payment to the
jurisdictional health department investigating the incident. The
jurisdictional health department must reserve one-half of the
restitution payment to assist property owners with clean up when the
person responsible for the illegal dumping of solid waste cannot be
determined. The court may, in addition to ((or in lieu of part or all
of)) the cleanup restitution payment, order the person to pick up and
remove litter from the property, with prior permission of the legal
owner or, in the case of public property, of the agency managing the
property. The court may suspend or modify the litter cleanup
restitution payment for a first-time offender under this section, if
the person cleans up and properly disposes of the litter.
(c) It is a gross misdemeanor for a person to litter in an amount
of one cubic yard or more. The person shall also pay a litter cleanup
restitution payment equal to twice the actual cost of cleanup, or one
hundred dollars per cubic foot of litter, whichever is greater. The
court shall distribute one-half of the restitution payment to the
landowner and one-half of the restitution payment to the jurisdictional
health department investigating the incident. The jurisdictional
health department must reserve one-half of the restitution payment to
assist property owners with clean up when the person responsible for
the illegal dumping of solid waste cannot be determined. The court
may, in addition to ((or in lieu of part or all of)) the cleanup
restitution payment, order the person to pick up and remove litter from
the property, with prior permission of the legal owner or, in the case
of public property, of the agency managing the property. The court may
suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly
disposes of the litter.
(d) If a junk vehicle is abandoned in violation of this chapter,
RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and
the penalties that may be imposed against the person who abandoned the
vehicle.